II 

118TH CONGRESS 

2D SESSION S. 4035 

To require the Director of the Office of Personnel Management to take 

certain actions with respect to the health insurance program carried 

out under chapter 89 of title 5, United States Code, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2024 

Mr. SCOTT of Florida (for himself and Mr. CARPER) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

A BILL 

To require the Director of the Office of Personnel Management to take certain actions with respect to the health 

insurance program carried out under chapter 89 of title 

5, United States Code, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FEHB Protection 

5 Act’’. 

6 SEC. 2. FEHB IMPROVEMENTS. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Office of Personnel Management. 

3 (2) EMPLOYING OFFICE.—The term ‘‘employing 

4 office’’ has the meaning given the term in section 

5 890.101(a) of title 5, Code of Federal Regulations, 

6 or any successor regulation. 

7 (3) HEALTH BENEFITS PLAN; MEMBER OF

8 FAMILY.—The terms ‘‘health benefits plan’’ and 

9 ‘‘member of family’’ have the meanings given those 

10 terms in section 8901 of title 5, United States Code. 

11 (4) OPEN SEASON.—The term ‘‘open season’’ 

12 means an open season described in section 

13 890.301(f) of title 5, Code of Federal Regulations, 

14 or any successor regulation. 

15 (5) PROGRAM.—The term ‘‘Program’’ means 

16 the health insurance program carried out under 

17 chapter 89 of title 5, United States Code, including 

18 the program carried out under section 8903c of that 

19 title. 

20 (6) QUALIFYING LIFE EVENT.—The term 

21 ‘‘qualifying life event’’ has the meaning given the 

22 term in section 892.101 of title 5, Code of Federal 

23 Regulations, or any successor regulation. 

24 (b) VERIFICATION REQUIREMENTS.—Beginning on 

25 the date that is 180 days after the date of enactment of 


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1 this Act, the Director shall require each employing office 

2 to verify— 

3 (1) the veracity of any qualifying life event 

4 through which an enrollee in the Program seeks to 

5 add a member of family with respect to the enrollee 

6 to a health benefits plan under the Program; and 

7 (2) that, when an enrollee in the Program seeks 

8 to add a member of family with respect to the en9 rollee to the health benefits plan of the enrollee 

10 under the Program during any open season, the in11 dividual so added is actually a member of family 

12 with respect to the enrollee. 

13 (c) FRAUD RISK ASSESSMENT.—In any fraud risk 

14 assessment conducted with respect to the Program on or 

15 after the date of enactment of this Act, the Director shall 

16 include an assessment of individuals who are enrolled in, 

17 or covered under, a health benefits plan under the Pro18 gram even though those individuals are not eligible to be 

19 so enrolled or covered. 

20 (d) FAMILY MEMBER ELIGIBILITY VERIFICATION

21 AUDIT.— 

22 (1) IN GENERAL.—During the 5-year period be23 ginning on the date of enactment of this Act, the Di24 rector shall conduct a comprehensive audit regarding 

25 members of family— 


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1 (A) who are covered under an enrollment 

2 in a health benefits plan under the Program; 

3 and 

4 (B) with respect to whom the basis for the 

5 eligibility for the coverage described in subpara6 graph (A) has not been verified. 

7 (2) CONTENTS.—In conducting the audit re8 quired under paragraph (1), the Director shall re9 view marriage certificates, birth certificates, and 

10 other appropriate documents that are necessary to 

11 determine eligibility to enroll in a health benefits 

12 plan under the Program. 

13 (e) DISENROLLMENT OR REMOVAL.—Beginning on 

14 the date of enactment of this Act, the Director may 

15 disenroll or remove from enrollment any individual en16 rolled in, or covered under, a health benefits plan under 

17 the Program if the Director determines that such indi18 vidual is not eligible to be so enrolled or covered. 

Æ 


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